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You, Wiretapping and Federal Law

By John Markus

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Published: 25Jan2012
Word count: 520
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If you suspect that your spouse is having an affair DO NOT attempt to catch him or her in the act by recoding his or her phone calls. Wiretapping is a federal crime that could land you in jail and under a hefty sum of fines to pay. The right to privacy is something taken very seriously in this country. If your spouse finds out about your attempt at surveillance, he or she will also be entitled to payment for damages in addition to lawyer's fees and court costs.

The laws that address wiretapping are dated at best: many of these laws still mention telegraph lines. Regardless, these laws apply to telephone conversations, cellular phone conversations, faxes, text messages and electronic correspondence meant to be private. Correspondence via social media will probably not fall under the regulations regarding wiretapping, and in some cases, even email may not be a protected means of communication.

Despite these regulations, individuals filing for divorce often wish to use spyware to monitor a spouse's email correspondence and any other activity, like online shopping, done from a home computer. These products became popular among parents who wanted to monitor a child's computer activity, but have since been marketed to those who suspect a spouse is cheating. Some states consider the use of such software to be a violation of privacy; in other states, the laws have yet to catch up with the technology. Most of the time, you will be able to defend the use of this software under the assumption that, even on password-protected sites, activities conducted on a home computer are seldom truly private. Still, if your spouse and his or her lawyer make a good enough case against your use of these tools, you could find yourself in a bit of legal trouble.

This can be incredibly frustrating, as new technologies make it easier than ever to cheat. Individuals often find ways to misuse online dating sites to begin adulterous relationships, often deceiving their paramours as well, since these sites have rules to prevent married people from using their services. Still, cheating spouses will find a way. Many individuals also conduct affairs through online chat rooms simply and casually. Unfortunately, evidence of this activity obtained with spyware cannot be used as evidence, as your lawyer will no doubt advise you.

The federal law which prohibits wiretapping does have its exceptions: if you and your spouse share a computer and electronic messages between the spouse and the lover can be found in an inbox, outbox, or trash file, you will not be found in violation of the law. However, you and your lawyer need to be absolutely sure that your access to your spouse's online activity is within the constraints of the laws. Ask your lawyer to review similar cases in your area to understand how such issues tend to play out. Your spouse and his or her lawyer may be able to claim civil damages as well as punitive damages if your methods of retrieving his or her computer activities are called into question.

www.EphraimLaw.com for uncontested divorce in Virginia. Visit our webpage on military divorce.

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